Justice Olukayode Adeniyi of the High Court of the Federal Capital Territory, Abuja will today decide on whether Mr. Abubakar Mahmoud, SAN should be sworn-in as the next president of the Nigerian Bar Association (NBA) or await the outcome of the suit challenging his election. The court had last week refused to grant an ex-parte application brought by Mr. Joe-Kyari Gadzama, SAN seeking to halt Mahmoud’s swearing in tomorrow. It however fixed the hearing of the interlocutory application for today, noting that since the swearing-in is to hold tomorrow, there was no urgency in the matter. Justice Adeniyi had further held that the application lacked merit as the ‘res’ would not be dissipated if the application was not granted, and ordered the plaintiff to put the defendants on notice by publishing the processes in national newspapers. However, anxiety has enveloped Mahmoud’s camp on the outcome of today’s hearing, as it may cut short the victory party of the group. Investigation by CITY LAWYER shows that some members of the group are worried about the possible fate of their candidate in light of today’s hearing, even as a key member of the campaign organization wondered why Gadzama should not “withdraw the case and seek amicable resolution.” Traditionally, newly elected NBA National Officers are sworn-in on the last day of the association’s Annual General Conference (AGC). This year’s conference is currently ongoing in Port Harcourt, Rivers State. Expectedly, “Inauguration of New National Executive Officers” has been fixed for tomorrow between 10 a. m. and 1 p. m., coming on the heels of the Press Conference and AGC Communiqué. Delivering his ruling on the ex-parte application which was argued by Mr. Sebastine Hon (SAN), Justice Adeniyi of the High Court of the Federal Capital Territory, Abuja held that the application was brought about 17 days after the result was declared, adding that there was no urgency that requires an ex-parte order since the event being sought to be restrained is holding tomorrow. The court then granted the applicant’s motion for substituted service and ordered that service be effected by substituted means on the defendants who were yet to be served. Two of the defendants had been served as at the date of hearing of the ex-parte application. The ex-parte motion dated 15th August, 29016 had prayed the court for the following orders: “An order of interim injunction restraining the defendants/Respondents, whether by themselves, agents, servants, officers and/or privies or howsoever described from inviting or asking or causing to be invited any Judge or Notary Public to swear in or cause to be sworn in the 15th Defendant into office as the President of the Nigerian Bar Association (NBA), pending the hearing and determination of the Plaintiff’s Motion on Notice for Interlocutory Injunction. “An order of interim injunction restraining the 15th Defendant/Respondent, whether by himself, agents, employees, privies acting for or on his behalf, from parading himself, claiming and/or holding himself out as the President-Elect of the Nigerian Bar Association (NBA) at NBA’s 2016 Annual General Conference holding in Port Harcourt or in any other place, pending the hearing and determination of the Plaintiff’s Motion on Notice for Interlocutory Injunction. “An order of interim injunction restraining the 15th Defendant, from offering or availing himself to be sworn in as President of the Nigerian Bar Association (NBA) at NBA’s 2016 Annual General Conference holding in Port Harcourt or in any other place, pending the determination of the Motion on Notice for Interlocutory Injunction. “An order of interim injunction restraining the 8th to 14th Defendants, their agents, employees, privies or anybody acting for and on their behalf, from shutting down, altering, deleting or in any way tampering with the data, contents, documents, election computer programme, recordings, e-voting records, each and every vote cast and other related materials, whether paper, electronic, internet or otherwise, all records or any other information in their power and possession or under their custody and control, used for and/or relevant to the 2016 Nigerian Bar Association election as it relates to the office/position of the President held on 30th and 31st July, 2016, pending the hearing and determination of the motion on notice herein. “An order of publication of the orders made pursuant to this Motion Ex Parte in any national newspaper; particularly THE NATION OR THE PUNCH OR THISDAY NEWSPAPER, as due notice thereof to the Defendants. “And for such further order(s) as this Honourable Court may deem fit to make in the Circumstance.” The application was supported by a 37-paragraph affidavit sworn to by Gadzama. Mahmoud was declared winner of the election with total 3055 votes while Gadzama polled 2384 votes. But Gadzama had rejected the result, saying in his statement of claim that “contrary to the result declared by the 8th Defendant, at the close of voting, at 12:00 midnight on Sunday, 31st July, 2016, the result of the 2016 Nigerian Bar Association Election as it relates to the office/position of the President, as collated from and contained on the official voting domain/platform was as follows: Joe-Kyari Gadzama – 2,963; Abubakar B. Mahmoud -2,465.” This was as deduced by his ICT experts who conducted forensic audit of the poll. Among those who are listed as defendants in the suit are NBA trustees including Alhaji Abdullahi Ibrahim (SAN) CON, Chief Wole Olanipekun (SAN) OFR, Chief Thompson Joseph Onomigbo Okpoko (SAN) OON, Chief (Mrs.) Priscilla Kuye, Alhaji Murtala Aminu OFR and Chief Anthony O. Mogboh (SAN). They are listed as 1st to 6th Defendants while The Incorporated Trustees of Nigerian Bar Association is the 7th Defendant. Mr. Kenneth Mozia (SAN), Chairman of the ECNBA is the 8th Defendant while Mr. Oluwaseun Ajoba who doubles as the Secretary of the committee is the 9th Defendant. Others are Hajia Safiya Balarabe, Mrs. Amaka Ezeno, and Mrs. Eucharia Pepple – all members of the Electoral Committee – as 10th, 11th and 12th Defendants while NBA’s ICT Partner, Grace Infotech Limited is the 13th Defendant. Mr. Augustine O. Alegeh (SAN), the NBA President , is sued as the 14th defendant while Gadzama’s opponent who was declared winner of the election, Mr. Abubakar B. Mahmoud (SAN) is listed as the 15th Defendant. It is recalled that the NBA leadership had at the recent pre-National Executive Committee meeting set up a 5-member committee to reach out to Gadzama towards amicable settlement of the electoral debacle. Members of the committee are Chief Onomigbo Okpoko, SAN (Chairman); former NBA presidents Chief O. C. J. Okocha, SAN and Dr. Olisa Agbakoba, SAN; former NBA General Secretary, Mr. Yinka Fayokun and Lagos-based lawyer, Mr. Mbanugo Udenze who will double as Secretary of the committee. Source:City Lawyer]]>